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All Journal Nurani: Jurnal Kajian Syariah dan Masyarakat DE LEGA LATA: Jurnal Ilmu Hukum Jurnal Hukum Magnum Opus Jurnal Ilmiah Galuh Justisi Jurnal Darma Agung Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Law Development Journal SCLS Journal of Sharia and Legal Science
Hayatuddin, Khalisah
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Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences

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Faktor Yang Mempengaruhi Penegakan Hukum Tindak Pidana Korupsi Pada Tingkat Banding Di Pengadilan Tinggi Palembang Isisu, Septika Intan; Hayatuddin, Khalisah; Mahfuz, Abdul Latif
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.2919

Abstract

This paper describes the high court as one of the pillars of law enforcement, including law enforcement against corruption, which rarely gets attention in scientific works or research. The research method used is juridical and empirical research methods. This can be seen from the lack of discussion in scientific works and research related to appeal cases in court at the High Court. The formulation of the problem to be studied is what are the factors that influence law enforcement against corruption at the Appeal Level at the Palembang High Court. Based on the results of the research and discussion of the subject matter, it can be concluded that the factors that influence law enforcement against corruption at the Appeal Level at the Palembang High Court include: legal factors, such as the authority of the panel of judges at PT in deciding cases only 3 or 4 times the trial only, referring to SEMA No. 2 of 2014 that the decision of the panel of judges may not last more than 3 months; Law enforcement factors, such as the workload of Judges at the Palembang High Court are quite heavy, even during a pandemic they have to resolve an average of 300 cases in one year; Facility factors, such as office facilities, courtrooms, means of communication and others; Community factors, such as opinions that develop in society which are usually expressed through the mass media; Cultural factors, such as being attached to the rule of law and the rule of ethics, sometimes make the profession of a judge a lonely profession, being on top of an ivory tower, and even having a house on the wind.
Pelaksanaan Perjanjian Kerjasama Antara Rumah Sakit Umum Daerah Palembang Bari dengan PT. Asuransi Inhealth Kesehatan Apriadi, Ruly; Sa, Romli; Hayatuddin, Khalisah; Mahfuz, Abdul Latif
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3452

Abstract

The purpose of this paper This research focuses on the implementation of cooperation between Palembang BARI Regional General Hospital (RSUD) and PT. Health Inhealth Insurance in the context of health services and the provision of drugs for insurance participants. Normative legal research methods with e-explanatory approach are used, with a legal approach and a concept approach to investigate how cooperation agreements are implemented and what obstacles are faced. Secondary data are taken as sources of information and analyzed using qualitative data analysis techniques. The results show that the cooperation agreement has fulfilled the provisions in Article 1320 of the Civil Code, but there are several obstacles in its implementation. These obstacles include the difficulty of changing the standard clauses of the agreement, the lack of specific regulations on the implementation of cooperation agreements, and the lack of online integration between the hospital system and PT. Health Inhealth Insurance. This research hopes to help improve the quality of cooperation between health care facilities and insurance companies.
ASPEK PERBUATAN MELAWAN HUKUM DALAM PENARIKAN BARANG JENIS KENDARAAN BERMOTOR OLEH PIHAK LESSOR Hayatuddin, Khalisah; Mahfuz, Abdul Latif; Rosalina, Rosalina
JURNAL DARMA AGUNG Vol 30 No 1 (2022): APRIL
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat Universitas Darma Agung (LPPM_UDA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/ojsuda.v30i1.2968

Abstract

Penarikan kendaraan bermotor yang masih berada dalam penguasaan debitur (Lesee) yang dilakukan oleh Kreditur (Lessor) mestilah dilakukan secara hati-hati. Hak mengeksekusi sendiri itu (melakukan penarikan kendaraan bermotor), sebagaimana yang dinyatakan di dalam Pasal 15 Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fiducia, yang menjadi dasar hukum bagi pihak kreditur sebagai perusahaan pembayaan leasing dalam melakukan penarikan kendaraan bermotor, ternyata setelah keluarnya Putusan Mahkamah Konstitusi No.18/PUU-XVII/2019 hanya dapat diterapkan secara limitative. Artinya penarikan itu hanya dapat dibenarkan sepanjang ada kesepakatan antara kreditur (Lessor) dengan debitur (Lesee) terkait dengan ketentuan cidera janji (wanprestasi) dan debitur menyatakan secara sukarela menyerahkan kendaraan dimaksud. Jika persyaratan ini tidak terpenuhi, maka kreditur haruslah mendapatkan putusan pengadilan terlebih dahulu mengenai cidera janji atau wanprestasi tersebut. Jika ketentuan ini dilanggar, maka penarikan tersebut itu dapat dikategorikan sebagai perbuatan melawan hukum. Jika kemudian penarikan kendaraan bermotor tersebut dilakukan dengan tidak mengindahkan ketentuan limitative dimaksud, maka perbuatan itu, otomatis telah menimbulkan kerugian bagi pihak debitur, maka sesuai dengan ketentuan Pasal 1365 Kitab Undang-Undang Hukum Perdata (KUH Perdata), maka hukum memberi hak kepada debitur (Lesee), sebagai pihak yang dirugikan itu untuk mengajukan tuntutan ganti rugi, yang implementasinya dapat dilakukan dengan mengajukan gugatan ke Pengadilan Negeri setempat.
Legal certainty of ruling of the consumer dispute resolution agency (BPSK) number: 20/pts/bpsk/x/2022 regarding objections of pt. Bank sumsel babel Muslim, Muslim; Hayatuddin, Khalisah; Kasra, Helwan
DE LEGA LATA: JURNAL ILMU HUKUM Vol 9, No 2 (2024): July-December
Publisher : Universitas Muhammadiyah Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/dll.v9i2.19987

Abstract

Consumer Dispute Resolution Agency (BPSK) in Level II Regions to resolve consumer disputes through out-of-court channels, namely by mediation, arbitration or conciliation, and dispute resolution can be done quickly, easily and cheaply and BPSK decisions are final and binding, if accepted by both parties. Even though the BPSK decision is final and binding, an objection can be submitted to the Court. This research aims to analyze 1. What are the duties and authorities of the Palembang City Consumer Dispute Resolution Agency (BPSK) in resolving consumer disputes from a civil law perspective 2. What is the Legal Certainty of the Decisions of the Consumer Dispute Resolution Agency (BPSK) Number: 20/PTS / BPSK /X/ 2022 against PT. Bank SumselBabel. Normative research methods with statutory, conceptual and case approaches. The research results show that BPSK is passive in carrying out its duties and authority and acts when there are complaints from consumers. The BPSK decision does not provide legal certainty for consumers because after PT. Bank SumselBabel submitted an objection to the BPSK decision to the Court before 14 days and based on Court Decision number: 298 / Pdt.Sus-BPSK / 2022 /PN Plg canceled the BPSK decision Number: 20/PTS / BPSK /X/2022. This is due to the existence of contradictions between one rule and another relating to BPSK decisions. It is necessary to revise clear regulations regarding consumer protection so that they become a strong legal umbrella for BPSK decisions. 
LAW ENFORCEMENT AGAINST PERPETRATORS OF CRIMES AGAINST STREET CHILDREN COMMITTED BY THEIR BIOLOGICAL PARENTS Fajri, Erfan; Suatmiati, Sri; Hayatuddin, Khalisah
Sriwijaya Crimen and Legal Studies Volume 2 Issue 1 June 2024
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v2i1.3690

Abstract

Based on the cases in Palembang City, it can be said that law enforcement against perpetrators of crimes against street children committed by biological parents. The formulation of the problem in this study is 1) How is law enforcement against perpetrators of crimes against street children committed by biological parents in the Palembang City Police and 2) What are the factors that influence law enforcement against perpetrators of crimes against street children committed by biological parents in the Palembang City Police? The research method used is a type of empirical juridical research. The sources of data used in this study were primary and secondary data. Based on the results of the study show that law enforcement against the offenders of crimes against street children committed by biological parents in the Palembang City Police Resort, namely by penal measures through imprisonment as in Article 76I Jo Article 88 and Article 76C Jo Article 80 paragraph (1) of Law No. 35 of 2014 concerning amendments to Law no. 23 of 2002, concerning child protection or Article 44 Paragraph (1), Paragraph (4) of the Law of the Republic of Indonesia No. 23 of 2004. Factors that influence law enforcement against perpetrators of crimes against street children committed by biological parents, namely first, the factor of law enforcement officers. Lack of Investigators' Knowledge about Child Protection Law, Second, Community Factors. In cases of crime on the street, children tend to be closed, so it is difficult to socialize with the surrounding environment. Third, cultural factors that do not want to interfere in other people's personal affairs or other people's families or neighbors become a separate problem.
The Legal Protection against Accountability for Criminal Acts of Narcotics Abuse in Indonesia Novalina, Novalina; Hayatuddin, Khalisah; Salia, Erli; Yusuf, Hambali; Is, Muhamad Sadi
Law Development Journal Vol 6, No 2 (2024): June 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.2.239-251

Abstract

Narcotics crimes are increasing from year to year in both quantity and quality in Indonesia. The narcotics law emphasized that the legal position of narcotics abusers was no longer seen as perpetrators but rather as victims, there was a change in the legal paradigm in legal protection for narcotics abusers. As a victim, the perpetrator must receive legal protection. Legal protection for narcotics abusers was implemented in the form of medical rehabilitation and social rehabilitation which were discretionary from the types of punishment as regulated in Article 10 of the Criminal Code. The problem was how to protect the law against criminal liability for narcotics abusers and how to optimize legal protection for narcotics abusers. Normative research was used as the method in this research, and the secondary data obtained from reviewing related laws and regulations and relevant literature. The result explained that legal protection for the criminal liability of narcotics abusers was determined through a judge's decision by placing narcotics abusers in rehabilitation institutions. Then, optimizing legal protection for narcotics abusers was carried out by equalizing the perceptions of all law enforcement officials regarding the need for legal protection for crime victims as well as unifying views and providing a deep understanding of the aims and objectives of providing rehabilitation.
The Design of Consumer Legal Protection Arrangements in Indonesia Based on Artificial Intelligence Suharyono, Suharyono; Hayatuddin, Khalisah; Is, Muhamad Sadi; Sobandi, Sobandi
Law Development Journal Vol 6, No 1 (2024): March 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.1.35-52

Abstract

The consumer protection in Indonesia from year-to-year increased weakness, based on the data from the Ministry of Industry and Trade of the Republic of Indonesia that the percentage of consumer complaint services in 2022 increased by 93%. Then, the data from the Indonesian Consumers Foundation (YLKI) in 2022 received 882 consumer complaints in Indonesia. This number increased by 64.86% compared to 2021 with 535 complaints. This article aimed to identify and analyse how to design legal protection arrangements for consumers in Indonesia based on Artificial Intelligence (AI). The results of the study showed that the design of legal protection arrangements for consumers in Indonesia was based on Artificial Intelligence (AI), by revising the Law No. 8 of 1999 concerning Consumer Protection, by including articles that accommodated Artificial Intelligence in legal protection of consumers in Indonesia, both carried out by the Indonesian Consumers Foundation (YLKI) and by the Consumer Dispute Settlement Agency (BPSK), which guaranteed fairness, certainty and benefits for both consumers and for business actors in Indonesia.
Eksistensi Ajaran Sifat Melawan Hukum Materiil Dalam Undang-Undang Tindak Pidana Korupsi Pasca Putusan Mahkamah Konstitusi Nomor 003/PUU-IV/2006 Efendi, Novrizal; SA, Ramli; Hayatuddin, Khalisah; Latif Mahfuz, Abdul
Journal of Sharia and Legal Science Vol. 2 No. 1 (2024): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v2i1.419

Abstract

The research problems of this thesis are how the existence of material unlawful teachings in the Corruption Crime Act Post Constitutional Court Decision Number 003/PUU-IV/2006 and how the attitude of the Supreme Court towards material unlawful teachings after the issuance of Constitutional Court Decision Number 003 /PUU-IV/2006. This study uses a normative juridical approach by prioritizing library data and legislation, and the nature of this research is analytical descriptive. The research results obtained are the existence of material unlawful teachings implied in Article 2 paragraph (1) of the Corruption Law which are declared contrary to the 1945 Constitution of the Republic of Indonesia and do not have binding legal force. On this basis, the Constitutional Court (MK) of the Republic of Indonesia in its decision Number 003/PUU-IV/2006 stated that it revoked the enactment of the doctrine of material lawlessness in the Corruption Law. As for the attitude of the Supreme Court (MA) towards the teaching of material lawlessness in the Corruption Crime Law after the issuance of the Constitutional Court decision Number 003/PUU- IV/2006, namely by paying attention to the doctrine and jurisprudence of the Supreme Court, so that the Supreme Court takes a firm stance with consideration , that the element of unlawful nature in the criminal act of corruption includes acts against the law in the formal sense as well as in the material sense and acts against the law materially as well as in positive and negative functions. Thus the Supreme Court does not fully follow and implement Constitutional Court's decision, this can be seen from the several decisions it has issued so far.
The Verstek Law Implementation In Religious Courts In South Sumatera Insani, Fidya Rahma; Hayatuddin, Khalisah; Saptawan, Ardiyan; Is, Muhamad Sadi
Nurani Vol 23 No 1 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i1.16030

Abstract

Verstek decisions are decisions that often occur in courts, especially in the Religious Courts, so the authors were interested in conducting them by using the formulation of the problem: how to apply verstek at Sekayu Religious Courts, South Sumatra. Then, what are the obstacles in implementing verstek at Sekayu Religious Court, South Sumatra. Empirical research was used as the method of research. Research result; the application of verstek at Sekayu Religious Court of South Sumatra has been carried out in accordance with applicable law. Meanwhile, the obstacles faced by the Sekayu Religious Court of South Sumatra in resolving the verstek case were; the number of divorce cases was quite high from year to year; the time required in handling takes a long time, from the beginning of registration until the decision was read out; the down-payment fee for the verstek case had been determined by the Religious Court based on the radius of residence of the applicant/plaintiff and the respondent/defendant, not adjusted to the financial capacity of the parties; and witness constraints, sometimes the parties present witnesses who had never seen or heard of the dispute, but indeed the husband and wife had been separated for a long time.
Factors of Unfulfilled Rights of Wife and Children as Consequences of Divorce in Religious Court Decisions Saleh, Taufiq; Hayatuddin, Khalisah; Wardhana, Arif Wisnu
Nurani Vol 23 No 1 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i1.16644

Abstract

PERMA Number 3 of 2017 serves as a guideline for judges in adjudicating cases involving women and can be used as a legal basis for providing protection to children who are victims of divorce. The problem discussed in this research is the implementation of PERMA in the Baturaja Religious Court. The aim of this study is to examine the issue of the non-fulfillment of the rights of the wife and children as a consequence of divorce in court decisions. A qualitative research approach with a field study design was chosen for this study. The research was conducted at the Baturaja Religious Court. The data used consisted of primary data and secondary data. Data analysis was divided into three parts: data reduction, data display, and conclusions. The research findings indicate that the implementation of PERMA Number 3 of 2017 regarding the rights of the wife and children as a consequence of divorce in the Baturaja Religious Court has not been fully implemented. This is due to several factors, such as the economic instability of the father, remarriage of the parents, psychological factors that prevent the former husband from meeting their children, and the ability of the mother to provide for the child's welfare.
Co-Authors Apriadi, Ruly Ardiyan Saptawan Efendi, Novrizal Fajri, Erfan Febri Agung, RZ M Hendra Saputra Insani, Fidya Rahma Is, Muhamad Sadi Isisu, Septika Intan Kasra, Helwan Mahfus, Abdul Latif Mahfuz, Abdul Latif Muslim Muslim Novalina Novalina Romli SA Rosalina Rosalina SA, Ramli Saleh, Taufiq Salia, Erli Sobandi, Sobandi Sri Suatmiati, Sri Suharyono Suharyono Tanzili, Mulyadi Wardhana, Arif Wisnu Widiarta, Kadek Agus Wulandari, Rina Dwi Yusuf, Hambali